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HomeMy WebLinkAbout01-58 - Approving Planning Application PA-01-03RESOLUTION NO. O / - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -01-03. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE ��el4 WHEREAS, an application was filed by Wesley N. Taylor, authorized agent for Beacon Bay Enterprises, Inc., owner of real property located at 2059 Harbor Boulevard, requesting approval of a conditional use permit to allow motor vehicle sales with an administrative adjustment to deviate from front landscape setbacks for auto display (20 -foot landscape setback required, 15 -foot landscape setback proposed); and WHEREAS, the Planning Commission held a duly noticed public hearing on July 23, 2001, at which the Planning Commission approved PA -01-03; and WHEREAS, PA -01-03 was appealed to the 0ty Council on July 30, 2001, and a duly noticed public hearing was held by the City Council on September 4, 2001; NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record, the findings contained in Exhibit "A", and subject to conditions contained in Exhibit "B", the City Council hereby approves Planning Application PA -01-03 with respect to the property described above. BE IT FURTHER RESOLVED that the Costa Mesa City Council finds and determines that adoption of this resolution is expressly predicated upon the activity as described in the agenda report for Planning Application PA -01-03 and upon the applicant's compliance with each and all conditions contained in Exhibit "B". Any approval granted by this resolution herein shall be subject to review, modification, or revocation if there is a material change that occurs in the operation, or if the applicant fails to comply with any of the conditions of approval. PASSED AND ADOPTED this 4th day of September, 2001. ayor of the City of Costa Mesa ATTEST: T. Deputy City C rk of the City of Costa Mesa APPROVED AS TO FORM STATE OF CALIFORNIA ) /n, -CITY ATT EY COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. p i _ 6� was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 4th day of September, 2001. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 5th day of September, 2001. Deputy City Jerk and ex -officio Clerk of the City Council of the City of Costa Mesa APPL. PA -01-03 EXHIBIT "A" FINDINGS (PA -01-031 A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(2) in that the proposed use is substantially compatible with developments in the same general area. Granting the conditional use permit will not be detrimental to the health, safety and general welfare of the public or other properties or improvements within the immediate vicinity. Specifically, the motor vehicle sales use proposed for the front portion of the site is consistent and compatible with the commercial uses on adjacent properties and motor vehicle sales uses elsewhere on Harbor Boulevard. Granting the conditional use permit will not allow a use, density or intensity which is not in accordance with the general plan designation for the property. B. The proposed project complies with Costa Mesa Municipal Code Section 13- 29 (e) because: a. The proposed development and use is compatible and harmonious with uses both on-site as well as those on surrounding properties. b. Safety and compatibility of the design of the buildings, parking areas, landscaping, luminaries, and other site features including functional aspects of the site development such as automobile and pedestrian circulation have been considered. c. The proposed project complies with applicable performance standards prescribed in the Zoning Code. d. The project is consistent with the General Plan. e. The planning application is for a project -specific case and does not establish a precedent for future development. f. The cumulative effects of all past and present planning applications have been considered for both the subject property and surrounding properties. C. The information presented substantially complies with Section 13-29(8)(1) and Section 13-144(b) of the Costa Mesa Municipal Code in that special circumstances applicable to the property exist to justify granting of the administrative adjustment. Specifically, the strict application of the code - required landscaped setback would place the applicant at a competitive disadvantage to similar auto sales uses along Harbor Boulevard, many of which were approved with reduced landscape setbacks. Due to the speed and volume of vehicle traffic along Harbor Boulevard, auto sales uses require the display of vehicles be as close to the street as possible for maximum visibility. This creates a circumstance where approval of the administrative adjustment is justified. Granting the administrative adjustment will not allow a use, density, or intensity, which is not in accordance with the General Plan designation for the property. APPL. PA -01-03 D. The project has been reviewed for compliance with the .California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has been found to be exempt from CEQA. E. - The project, as conditioned, is...exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal•Code. APPL. PA -01-03 EXHIBIT "B" CONDITIONS OF APPROVAL (PA 01 03) Ping. 1. The conditional use permit herein approved shall be valid until revoked, but shall exptr*e upon discontinuance of the activity authorized hereby for a period of 180 days or more. The conditional use permit may be referred to the Planning -Commission for modification or revocation at any time if the conditions of approval have not been complied with, if the use is being operated in violation of applicable laws or ordinances, or if, in the opinion of the development services .director or his -designee, any of the findings upon which the approval was based are no longer applicable. 2. Street addresses shall be displayed on the freestanding sign, or, if there is no freestanding sign, on the building fascia adjacent to the main entrance of the building in a manner visible to the public street. Street address numerals shall be a minimum 12 inches in height with not less than '/4 -inch stroke and shall contrast sharply with the background. 3. Address assignment shall be requested from the Planning Division prior to submittal of working drawings for plan check. The approved address of individual units, suites, buildings, etc., shall be blueprinted on the site plan and on all floor plans in the working drawings. 4. The subject property's ultimate finished grade level may not be filled/raised unless necessary to provide proper drainage, and in no case shall it be raised in excess of 30 inches above the finished grade of any abutting property. If additional fill dirt is needed to provide acceptable on-site stormwater flow to a public street, an alternative means of accommodating that drainage shall be approved by the City's Building Official prior to issuance of any grading or building permits. Such alternatives may include subsurface tie-in to public stormwater facilities, subsurface drainage collection systems and/or sumps with mechanical pump discharge in -lieu of gravity flow. If mechanical pump method is determined appropriate, said mechanical pump(s) shall be continuously maintained in working order. In any case, development of subject property shall preserve or improve the existing pattern of drainage on abutting properties. 5. The conditions of approval and ordinance or code provisions of Planning Application PA -01-03 shall be blueprinted on the face of the site plan. 6. The applicant shall contact the Planning Division to arrange for a planning inspection of the site prior to the release of occupancy. This inspection is to confirm that the conditions of approval and code APPL. PA -01-03 requirements have been satisfied. 7. Street setback landscape planters shall be mounded to a high point of at least 24 inches with approved turf and/or ground cover on the street side front half of the planter and shrubbery plantings and trees on the back half. 8. Decorative wrought iron ,fences or masonry walls a minimum of 6 feet in height shall be constructed along the interior property lines. Chain link fencing shall not be permitted. Wall or fence color and material shall be subject to Planning Division approval. 9. Show method of screening for all ground -mounted mechanical equipment (backflow prevention devices, Fire Department connections, electrical transformers, etc.). Ground -mounted mechanical equipment shall not be located in any landscaped setback visible from the street and shall be screened from view, under the direction of Planning Staff. 10. Rooftop mechanical equipment shall not be permitted. 11. A copy of the conditions of approval for the conditional use permit must be kept on premises and presented to any authorized City official upon request. New business/property owners shall be notified of conditions of approval upon transfer of business or ownership of land. 12. The use shall be conducted, at all times, in a manner to allow the quiet enjoyment of the surrounding neighborhood. The applicant and/or business owner shall institute whatever operational measures are necessary to comply with this requirement. 13. The use shall be limited to the sales, leasing, display and storage of motor vehicles. This conditional use permit does not authorize the service or repair of motor vehicles. Any use which has the effect of expanding or intensifying the use on the property shall be subject to review by the Planning Division and may require the approval of a new conditional use permit. 14. Employees and customers shall be required to park on-site. 15, There shall be no test driving of vehicles on residential streets. 16. The use of loudspeakers, public address andior paging systems, and two-way radios shall be prohibited. 17. The applicant shall provide a minimum of 150 square feet of interior landscaping, subject to Planning Division approval. 18. Construction, grading, materials delivery, equipment operation or other noise -generating activity shall be limited to between the hours of 7 a.m. and 8 p.m., Monday through Friday, and between the hours of 8 a.m. and 7.p.m. on Saturday, Sunday, and Federal holidays. Exceptions may be made for activities that will not generate noise audible from off-site, such as painting and other quiet interior work. Trans. 19. Access to the rear (Charle Street) half of the site shall be limited to a single driveway; the location and width of the driveway to be APPL. PA -01-03 determined by the Planning Division in conjunction with the applicant. The gate on the driveway shall be opaque and access shall be limited from 8 a.m. to 4 p.m. Vehicle transport trucks are prohibited from loading or unloading on Charle Street Eng. 20. Maintain the site and public right-of-way in a "wet -down" condition during construction to prevent excessive dust and remove any spillage from the public right-of-way by sweeping or sprinkling.